• @Everythingispenguins
    link
    30
    edit-2
    8 months ago

    Nope there is no way this is going to happen. So Trump’s eligibility is going to hit the US Supreme Court. It is litigation on the Constitution itself with more or less zero case law around it. This is the kind of thing that every lawyer dreams of putting their name on. It will hit the US Supreme Court and they will take it. So he will be either eligible or ineligible in all 50 states it will not be peace meal. piecemeal

    Now that doesn’t mean that there won’t be a major independent candidate for some other reasons, but not for this reason.

      • @Everythingispenguins
        link
        48 months ago

        On the third section? Almost all the case law I have seen is on the first section. Feel free to cite your cases.

      • @shalafi
        link
        English
        38 months ago

        Just because they’re right-wing does not make them beholden to Trump. They’ve made some solid decisions lately.

        • ivanafterall
          link
          fedilink
          68 months ago

          Not being sarcastic, but also don’t follow every Supreme Court case: what do you view as the encouragingly solid decisions? I did see one civil rights-related case that seemed to go positively a few weeks back.

    • @YoBuckStopsHere
      link
      English
      138 months ago

      The Supreme Court cannot issue a constitutional amendment, only the States or Congress can do that. It’s going to be extremely difficult to claim the 14th Amendment doesn’t apply to Trump based on the language and the fact that Confederates were barred from office without being convicted. The Supreme Court would be in breach of power to ignore what the Consitution says.

      • @Feathercrown
        link
        English
        108 months ago

        Oh no, breach of power! Good thing we can sue them right? …right?

      • @Fedizen
        link
        78 months ago

        The supreme court already rewrote the college loan law. I think they know they can’t be held accountable and have little respect for the laws or constution beyond those that align with their ideology

        • @YoBuckStopsHere
          link
          English
          18 months ago

          A law is different than a Consitutional Amendment. They can’t rewrite it and it’s obvious what the Amendment was put in place for.

    • @ShakeThatYam
      link
      English
      68 months ago

      It would be pretty hypocritical given that a third of SCOTUS believes in the independent state legislature theory which pretty much lets states legislatures do whatever they want with regards to federal elections. But, that’s probably not going to stop them siding with Trump.

      • @CoggyMcFee
        link
        68 months ago

        Oh dear, I’m sure they are absolutely terrified of looking hypocritical

    • @[email protected]
      link
      fedilink
      48 months ago

      And they will say that regardless of the Civil War precedents say, a court needs to determine whether he participated in the insurrection via a conviction.